SHIV PRASAD CHOURE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 08.10.2014 passed by learned Additional Sessions Judge, Mungeli, District Bilaspur (C.G.) in Sessions Trial No. 12 of 2012, whereby the appellant stands convicted under Section 302 of IPC for committing murder of his wife namely Shashikala Choure and sentenced to undergo life imprisonment and fine of Rs.1,000/-, in default of payment of fine to undergo further rigorous imprisonment for one month.

(2.) The appellant and the deceased performed love marriage due to which the caste panchayat ostracized them and the family of the deceased as has been deposed by deceased's father PW-2 Madhav Prasad. The deceased was Shiksha Karmi whereas the appellant was unemployed or daily wager. The appellant was habituated to consume liquor and used to beat her wife every now and then in drunken condition. In such background the incident happened at about 08:30 pm on 13.06.2011 in which the appellant tied both hands of his wife and assaulted and dragged her and set her on fire in the verandah of the house. The deceased tried to move away and fell thrice in the process. The deceased was taken to local hospital and thereafter to Medical College Hospital Raipur, where she succumbed to burn injury on 16.06.2011. The merg intimation (Ex.-P/1) was registered on 17.06.2011. During merg inquiry, witnesses informed the police that the appellant committed murder of his wife deceased Shashikala Choure, therefore, F.I.R. (Ex.-P/8) was registered on 10.01.2012. Memorandum statement of the appellant was recorded vide Ex.-P/4 consequent to which the plastic jerricane of kerosene oil was recovered from his possession vide Ex.-P/6, soil filled with kerosene oil was recovered vide Ex.-P/5. In the postmortem examination, the deceased was found to have died due to cardio respiratory failure as a result of burn and its complication. The postmortem report (Ex.- P/14) was submitted by PW-13 Dr. E.K. Thakur.

(3.) To bring home the charge, the prosecution examined as many as 13 witnesses i.e. PW-1 Lalan Singh, PW-2 Madhav Prasad, PW-3 Narendra Dixena, PW-4 Anchu Bhai, PW-5 Ramphul Kori, PW-6 Kamlesh, PW-7 Rajendra, PW-8 Bodhan Singh Thakur, PW-9 Isthak Xalxo, PW-10 Dr. Anil Baghel, PW-11 Dr. D. Shah, PW-12 Top Singh Diwan and PW-13 Dr. E.K. Thakur. The appellant abjured his guilt but did not examine any defence witness.